Steve Zansberg
jeff roberts
Irony is the juxtaposition of a conceptual proposition, such as a “vegetarian butcher'' or something “seriously funny,'' with the opposite reality. Or they could quickly enact a new state law during Sunshine Week that would allow Colorado lawmakers to publicly debate and develop public policy.
That's right. State lawmakers and Gov. Jared Polis chose the very week that journalists and transparency advocates annually celebrate federal and state open government laws, and the majority of Colorado's Open Meetings Act, first enacted by voters in 1972, It effectively exempted state legislatures.
The Open Meetings Act declares, “It is the policy of this state that the formulation of public policy is a public service and shall not be conducted in secret.”
Our state's appellate court judges stated that the fundamental intent of this law was to ensure that the public was not “deprived of debate, motivation, policy debate, and other considerations that lead to state government discretion.” ”. [a public body]” This law aims to provide “access to the public.” A wide range of meetings to consider public works projects; provide the public with wide opportunities to be fully informed on issues of public importance; and Enabling citizens to participate in legislative decision-making processes It affects their personal interests. ”
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We acknowledge that some provisions of the 52-year-old law need to be updated as they relate to the business of the Legislature. Meetings between two members of the Legislative Yuan regarding public business are not easy to comply with, and the obligation to make the minutes “taken and promptly recorded'' is difficult. But the Senate bill, 24-157, was passed on short notice and excluded some organizations, including the Colorado Freedom of Information Coalition, from the sponsoring stakeholder process. The amendments we proposed after the bill was introduced were ignored.
The bill, signed into law by the Governor just one day after final passage, goes too far and undermines public confidence in the Legislature's actions.
The new law allows members of Congress, through email, text message, phone call, or in-person meetings, to submit an endless series of sub-quorum proposals on pending bills or amendments without notifying the public or taking minutes. The aim is to encourage and legitimize the discussion. That kind of policy-making conversation. In other words, the public will be left in the dark about the “motives, policy arguments and other considerations” surrounding the legislation that directly affects them.
Elected officials say they don't need to worry because emails, text messages and other information exchanged between them can be accessed after the fact “in accordance with Colorado's open records law.” That's what the newly passed law says. But there's a catch here. CORA declares that all communications “assembled” by or on behalf of state legislators “related to” the drafting of a bill or amendment are not public records at all. Therefore, these electronic written communications are not public records and do not need to be retained by legislators, much less made public.
It's safe to assume that more than 90 percent of all future debate in both chambers of the state Legislature regarding bills, amendments, appointments, resolutions, regulations, etc. will take place in public. Not only are such policies much more likely to be the product of backroom smuggling and dealing, but even untainted and normal policies are understandably subject to suspicion and skepticism by the general public. Probably.
Forty-one years ago, the Colorado Supreme Court ruled that legislative assemblies must abide by the Open Meetings Act, which was “designed precisely to prevent the abuse of secret or star meetings of public bodies.” “It was done,” he said. By exempting the General Assembly from transparency laws that apply to all other public bodies in the state, lawmakers have significantly reduced the level of public trust in that institution, making it difficult to ensure that no matter what legislation is created, I have put on a veil of secrecy.
It's certainly ironic that this happened during Sunshine Week. And on a sad day Any This week for the people of this state.
Steve Zansberg is president of the Colorado Freedom of Information Coalition. Jeff Roberts is executive director of the Colorado Freedom of Information Coalition.
